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Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......er Section 439A. 34. We have already held that both sub‑section (4) of section 439 and section 561 A are non obstante in nature. These sections being non‑obstante in nature, the principle that a non‑obstante provision occurring in statute would override an obstante provi...... Criminal Revisions Nos. 71 of 1992, 207 of 1993 and 439 of 1985. 2. Since the same points of law are involved in these three applications they are disposed of by this judgment. 3. Before disposal of these applications, it is necessary to say a few words in respect of sections 439 ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......d it is held that the High Court Division has jurisdiction to entertain such an application but whether interference will be made in a particular case is altogether a different matter. The general principle is that the power being extraordinary its exercise also will be rarity and some indicatio...... of the High Court Division was passed on 21 November 1993 in Criminal Revision No. 2054 of 1993, which was heard along with two other revision cases. Facts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by t......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by spec......Judgment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest f...... Pay Order dated 26.6.86 for Taka 1,15,43,900 "as full and final payment of the price of 100 car”. The plaintiff after initial rejection of this offer, accepted it "as provisional" subject to final determination of the amount by a competent Court. In these circumstances, the suit was filed for rec..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......il Vs. Sumitra Devi 16 DLR 272 and in the case of Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation 29 DLR (SC) 168 the injunction granted by the High Court Division was done on correct principles. 4. So far as the case of Mosharraf Hossain is concerned, it is to be obser......r whether the learned Judges of the High Court were justified in granting temporary injunction during the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are tha......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......he High court Division accepted the contention and put him back in service. 2. The question raised in this appeal by leave is whether the High Court Division ought to have decided the case on the principle: 'Allegans contraria non est audiendus', which means, he is not to be heard who alleges th......72 and the service of the respondent vested in the Corporation under said Order. The respondent was promoted to the post of Manager in the Corporation with effect from 8.12.1973 and sent to Australia for higher training in tourism and then to Japan and he successfully completed both the courses. Whi...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....ratic regime. 8. It is contended that the High Court Division rejected the petitioner's application summarily by wrongly holding that "in any view of the matter, if Rule 14(5) and the relevant SRO guiding the appointment of the petitioner is read together and the President is found to have power ...... have been clear that he was retired from service for malafide reasons. 5. It is contended that Rule 14 (5), is a kind of "Henry VIII clause" permitting hiring and firing at will‑is violative of principle of audi alteram partem and is patently discriminatory allowing unrestricted latitude to th......vi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. A Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Nowab Ali, Advocate- on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 78 of 1992. (From the judgment and order dated January 19, 1992 passed by...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......ment Mustafa Kamal J.- These two petitions were admitted for review of the judgment of this Court dated 28.3.84 passed in Civil Appeal Nos. 31 and 32 of 199......hich review of our judgment has been sought for, arises from the fact that this Court had taken the rate of conversion of US dollar into Bangladesh currency to be the one prevailing on the date of determination of the contract i.e. on 1.7.77, the date of institution of the miscellaneous case, wh..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......led on payment of one month's pay in lieu of notice in terms of the contract. He challenged the order of cancellation by a Writ Petition taking the ground that it was malafide and repugnant to the principle of judicial independence as well as against public policy. The Rule was discharged b...... Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by th......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......ule 3, he contends, is intended for future appointment, Rule 4, after amendments, provides that matters not covered by Rule 3 shall be governed by the General Principles of Seniority "_Or where. such principles as the Government may, by Order. specify in this behalf" (emphasis supplied), This rule i......on. By these Rules seniority of the ad‑hoc appointees is to be counted from the date of their original appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force from the date of their regular appointment on the basis of recommendation of the Public Servic......ity to be determined in due course. That is why the Government, on the recommendation of a Council Committee, and in consultation with the PSC, prepared the Memorandum of 22 April, 1984 providing for determination of seniority counting the continuous service on an ad‑hoc basis for the purpose of s..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......ed upon them in Title Suit No. 120 of 1980 and whether they came to know about the ex parte decree for the first time on 15.5.92 as alleged. In view of the special facts of the case and the aforesaid principle that the question of limitation is subject to reconsideration at the instance of responden......tion Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved by the Appellate Division ...... Judge gave no consideration to the question of limitation before, admitting the appeal which was quite illegal. He was required to be satisfied that there was sufficient cause for the delay and this determination was required to be made after giving notice to the respondent. Nothing was done by him..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... of his daughter, he (the appellant) would no longer insist on having her custody but would nevertheless maintain that she is a minor. Mr. Gaziul Huq submitted that he would be satisfied if the wrong principles as applied for determining the minority of the girl by the High Court Division is set asi......ted in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......ch is contemplated in Regulation 22 the question of giving notice or a pre‑hearing does not arise. In such a case there is no scope for making any grievance on the ground of violation of the principle of natural justice either. In the instant case the Administrative Tribunal is found to ha...... service. The Board of Directors of the Bank, by an order dated 29 December 1988 terminated his service under the Bank's Staff Regulation No. 12 (ii). He challenged this order by a Writ Petition before the High Court Division which, after issuing a Rule thereon and hearing the parties dismissed ...... to this effect. In the circumstances of this case we do not find any good reason to take up for consideration this new ground. 6. We now find three questions before us which call for determination in these two appeals which arose from the same judgment and order of the Administrati..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......ance or malfeasance or misfeasance on the part of public authorities or public officials, the doors of justice are open to them to sue the public authorities for pecuniary relief by enforcing the principle of accountability." 25. We are of the view that since the respon&......ka Municipal Corporation ignored this demand and allowed itself to be perverted at the instance of vested interests, i.e. respondent no. 1, respondent no. 5 and the allottees of the shops. It is unfortunate to witness the close collaboration between them. It is a glaring instance where responden......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......e land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been......en found not genuine and accepting the said finding the appellants are claiming title by adverse possession. The claim so made is not legally well founded. 10. The question that called for determination in the instant case is, whether the plaintiff was able to make out a case of acquisit..Category: Property Law | Date: | Hits: 59
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......as provided under section 12A(3) of the Printing Presses and Publications (Declaration and Registration) Act, 1973. He further submits that Rule in Writ Petition No. 2746 of 1997 is also hit by the principle of res judicata, inasmuch as the point involved in the present Rule has already been deci......te with him) instructed by Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed b......ument. The learned Counsels further argued that interpretation of Article 147(3) is still necessary although Mr Anwar Hossain is no more a Minister. They also argued that it is also a question for determination whether Mr Anwar Hossain has ceased to be the Executive Director-II of the Company an..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......rocedure the plaintiff may be allowed to amend the plaint with a prayer for recovery of the money and the same could not change the nature and character of the suit. 7. It is not the principle of law to reject the plaint straightaway instead of allowing the plaintiff to remove any ...... (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature o......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......nuing statutory authority as it is relatively constant in juxtaposition to unstable financial estimates guided by change of financial policy from year to year and it is also in consonance with the principle of judicial independence and so the executing Court has authority under Order XXI, rules ......, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as in the present case, bill has to be introduced in Parliament to provide for appropriation out of the Consolidated Fund. The words "shall be regulated by an Act of Par...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ...... held as under: "In the case of pre-emption because of the special provision of the Act rights of the parties cannot be determined without considering the rights of others. The principles of Order I, rule 9 of the Code cannot be made applicable, in the circumstances. It cann......to the pre-emptor during cross-examination in reply to the interrogatory served on him. Thus he was debarred from making such cross-examination regarding defect of parties and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness &he......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......try the present suit inasmuch as the civil Court is authorised to examine whether the statutory tribunal, i.e. in the present case, the acquiring authority, acted in conformity with the fundamental principles of judicial procedure. 17. Expanding further his argument, Mr. Kari...... The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ...... Ltd and another reported in AIR 1995 (SC) 1368 it has been observed- "Time and again this Court has deprecated the practice of granting interim orders which practically give the principle relief sought in the petition for no better reason than that a prima facie case has been......ant, Agrani Bank, and, as such, they are not defaulter borrowers, that the claim of the Bank to the extent to Taka 8,19,63,687.70 is false and without foundation, that in the suit they have prayed for injunction and also for recovery of Taka 13,77,93,429.21 on account of damage and compensation,......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
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